Expunging Misdemeanor Convictions
You may be eligible to expunge your misdemeanor conviction five (5) years after the date the conviction was entered. This includes a Class D and Level 6 felony conviction later reduced to a Class A misdemeanor.
To qualify for expungement you must have paid all your fines, fees, court costs, and any restitution requirement. You must not had any other convictions within 5 years preceding filing for expungement. You must also have no pending criminal charges.
The prosecutor can agree to allow someone to file earlier than the five year waiting period. Early filing is completely within the prosecutor’s discretion. In practice, prosecutors rarely agree to an early filing.
Only individuals who have two or more felony convictions that involved the unlawful use of a deadly weapon and did not arise from the same episode of criminal conduct are prohibited from expunging a misdemeanor conviction.
Individuals are limited to one petition to expunge a conviction in their lifetime. However, if an individual has multiple convictions in multiple counties, a separate petition must be filed in each county and must be done within 365 days of the filing of the first expungement petition.
It is always in your best interests to expunge your misdemeanor conviction. Anyone can type in your name in the on-line court records and see the information about your case. We have business clients that call us regularly to check court records regarding prospective employees or tenants. What we discovered in these public record searches probably cost some individuals a job or a lease. Once you expunge the conviction, it will be removed from the public record and the court’s on-line docket so it will not be discoverable by potential employers, landlords, etc.
If you have any kind of criminal record, you should immediately hire an experienced criminal defense lawyer such as Steven Knecht to help you expunge your record.